Queensland Consolidated Acts

TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994

- As at 1 March 2023 
- Act 14 of 1994 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      (Repealed)

           Division 2 - Objectives of Act

   3.      Objectives of this Act

           Division 3 - Interpretation and basic concepts

   4.      Dictionary
   5.      (Repealed)
   6.      Meaning of ship connected with Queensland
   7.      Meaning of master
   8.      Meaning of operates a ship
   9.      Meaning of owner
   10.     Meaning of ship
   10A.    Meaning of Queensland regulated ship
   10B.    Meaning of recreational ship
   10C.    Meaning of other Queensland regulated ship

           Division 4 - Application of Act

   11.     General application of Act to ships
   12.     Relationship with Commonwealth Navigation Act generally
   13.     Aids to navigation—relationship with Commonwealth Acts
   14.     Relationship with the national law
   15.     Section 11 subject to certain provisions
   16.     Defence ships

           Division 5 - Operation of Act

   17.     Act binds all persons
   18.     Exemption of person or ship from Act
   18A.    Exempting of person or ship from regulatory provision

   PART 2 - (Repealed)

   PART 3 - HOW TO UNDERSTAND THIS ACT

   28.     To which ships does this Act apply
   29.     Achieving an appropriate balance between safety and cost
   30.     What is the system established
   31.     What is a standard
   32.     What happens if a person does not comply with a relevant standard
   33.     Role of survey reports in satisfying general safety obligations
   34.     What mechanisms ensure safety
   35.     How is safety in Queensland waters achieved
   36.     How are harbour masters and shipping inspectors accountable
   37.     How is the chief executive accountable
   38.     Does the Act mention everything that will appear in the regulations and standards
   39.     Operation of part

   PART 4 - GENERAL SAFETY OBLIGATIONS

           Division 1 - General safety obligations for Queensland regulated ships

   39A.    Application of div 1
   40.     General safety obligation of competent persons about condition of ships
   41.     General safety obligation of ship owners and masters about condition of ships
   42.     Relationship between regulatory provisions and general safety obligations for competent persons and ship owners and masters
   43.     General safety obligation on persons involved with operation of ship
   44.     Safety equipment obligation

           Division 2 - Other general safety obligations

   45.     General safety obligation on pilot who has conduct of ship
   46.     General safety obligation on managing pilotage entity
   52.     (Repealed)

   PART 5 - REGISTRATION, LICENSING AND PERMITS

           Division 1 - Registration of Queensland regulated ships

   54.     Application of div 1
   55.     Definition for div 1
   56.     Regulation may require registration of ship
   57.     Contravention of registration obligations
   58.     Registration, amendment, renewal and transfer etc.
   59.     Cancellation, suspension and amendment of registration

           Division 2 - Licensing of masters and crew members of Queensland regulated ships

   59A.    Application of div 2
   60.     Regulation may require licences
   61.     Operation of ship as master etc. without required licence

           Division 3 - Licensing of pilots

   61A.    Application of div 3
   61B.    Regulation may require pilot licence
   61C.    Operation of ship as pilot without required licence

           Division 4 - General licence provisions

   62.     Grant, amendment and renewal of licences
   62A.    When licence is void
   63.     Cancellation, suspension and amendment of licences
   63AA.   Smartcard marine licence indicator is property of the State
   63A.    (Repealed)
   63AB.   (Repealed)
   63B.    (Repealed)
   63C.    (Repealed)
   63D.    (Repealed)
   63F.    (Repealed)
   63G.    (Repealed)
   63H.    (Repealed)

           Division 5 - Restricted release of information about marine licences

   63I.    Restricted written release of information
   63J.    Restricted oral release of particular information
   64.     (Repealed)
   65.     (Repealed)
   66.     (Repealed)
   66A.    (Repealed)
   67.     (Repealed)
   68.     (Repealed)
   69.     (Repealed)
   70.     (Repealed)
   70A.    (Repealed)
   70B.    (Repealed)
   70C.    (Repealed)

   PART 6 - PILOTAGE AREAS

   71.     Pilotage areas and compulsory pilotage areas
   71A.    Who is the responsible pilotage entity for a compulsory pilotage area
   72.     Harbour master may permit ship navigation in closed pilotage area
   73.     Failure to comply with closure of pilotage area

   PART 7 - HARBOUR MASTERS

           Division 1 - General

   74.     Appointment of harbour masters
   75.     Only qualified persons may be appointed as harbour masters
   76.     Limitations on powers of a harbour master
   77.     Harbour master to consult with port authority
   77A.    Harbour master to consult with Gold Coast Waterways Authority
   78.     End of appointment
   79.     Delegation by harbour master
   80.     Identity cards
   81.     Proof of authority
   82.     Protection from liability
   83.     Harbour masters to give notice of damage
   84.     Impersonation of harbour master
   85.     Obstruction of harbour master

           Division 2 - Powers of harbour masters

              Subdivision 1 - Powers of direction

   86.     General limitation on harbour master’s power to give directions under subdivision
   86A.    Direction may be general or particular
   87.     Power of Minister to require directions
   87A.    Owner of ship lost, abandoned or stranded
   87B.    Direction to master about operation of ship in relation to a marine incident area
   88.     Direction to master about operation of ship in relation to pilotage area
   88A.    Direction to managing pilotage entity about pilotage services
   89.     Direction to person in charge of a place
   90.     Direction to person carrying out works
   91.     Direction to person about obstruction
   92.     Direction to person to put out certain lights etc.

              Subdivision 2 - Other powers

   93.     Harbour master may carry out direction
   94.     Recovery by State of expenses of carrying out direction
   95.     Temporary closure of pilotage area by harbour master
   96.     Harbour master may permit ship navigation in closed pilotage area
   97.     Failure to comply with closure of pilotage area by harbour master

   PART 8 - PILOTS

   98.     Application of part
   99.     Pilots required for ship navigation in compulsory pilotage area
   100.    Regulations about pilotage
   101.    Immunity for pilots and general employers
   102.    Liability of owner or master of ship under pilotage
   102A.   Restriction on conduct of ship by pilot
   103.    Offence of impersonating a pilot

   PART 9 - AIDS TO NAVIGATION

   104.    Meaning of aid to navigation
   105.    General manager may set up aid to navigation
   105A.   Gold Coast Waterways Authority may set up aid to navigation
   106.    Unlawful interference with an aid to navigation
   107.    Trespassing on aid to navigation
   107A.   Damage to an aid to navigation

   PART 10 - (Repealed)

   PART 11 - MARINE INCIDENTS

           Division 1 - Preliminary

   123.    What is a marine incident

           Division 2 - Marine incidents involving Queensland regulated ship

   123A.   Application of div 2
   124.    Duties of masters to help if a marine incident happens involving 2 or more ships
   125.    Marine incidents must be reported
   126.    Investigation process into marine incident
   127.    Regular reports of marine incidents to Minister
   128.    Report and any recommendations to be tabled

           Division 3 - Other obligations and exclusion zones

   129.    Report of dangers to navigation
   130.    Obligation of master to give help
   130A.   Temporary declaration of exclusion zone by general manager
   130B.   Failure to comply with declaration of exclusion zone by general manager

   PART 12 - (Repealed)

   PART 13 - SHIPPING INSPECTORS

           Division 1 - General

   153.    Functions of shipping inspectors
   154.    Shipping inspectors subject to directions from general manager
   155.    Powers of shipping inspectors under this part
   156.    Limitation on powers of a shipping inspector

           Division 2 - Appointment of shipping inspectors and other matters

   157.    Appointment of shipping inspectors
   158.    Conditions of appointment of shipping inspectors
   159.    Shipping inspector’s identity card
   160.    Display of shipping inspector’s identity card
   161.    Protection from liability

           Division 3 - General powers of shipping inspectors

   162.    Entry to place by shipping inspectors
   163.    Warrants
   164.    Warrants—applications made other than in person
   165.    Boarding of ships and entry of vehicles
   166.    Boarding of ship that is moving or about to move
   167.    Shipping inspector’s general powers for ships, vehicles and places
   168.    Power to seize after boarding ship or entering a vehicle
   169.    Power to seize evidence from places
   170.    Procedure after thing seized

           Division 3A - Additional powers for Queensland regulated ships

   170A.   Application of div 3A
   170B.   Power to require production of marine safety equipment
   171.    Direction if shipping inspector reasonably believes ship is not safe or can not be operated safely
   172.    Shipping inspector may direct ship is surveyed and order repairs
   172AA.  Shipping inspector may declare that ship is unseaworthy and must not be operated
   172A.   Other directions

           Division 4 - Other enforcement powers of shipping inspectors

   173.    Power to require name and address
   174.    Power to require information from certain persons
   175.    Power to require production of documents

           Division 4A - Removing abandoned property

   175A.   Removing abandoned property

           Division 5 - Other enforcement matters

   176.    False or misleading statements
   177.    False or misleading documents
   178.    Compensation
   179.    Shipping inspector to give notice of damage
   180.    Consent to entry
   181.    Evidence of consent
   182.    Obstruction of shipping inspectors
   183.    Impersonation of shipping inspector

   PART 13A - SECURING COMPLIANCE WITH ACT

           Division 1 - Purpose

   183A.   Purpose of pt 13A

           Division 2 - Enforcement orders and interim enforcement orders

   183B.   Proceeding for enforcement order or interim enforcement order
   183C.   Making enforcement order
   183D.   Making interim enforcement order
   183E.   Effect of order
   183F.   Powers of District Court about enforcement order or interim enforcement order
   183G.   No undertaking as to damages or costs may be required
   183GA.  Further power of District Court if enforcement order is contravened
   183GB.  Recovery by State of expenses of taking authorised action
   183GC.  Recovery by other persons of damages in particular circumstances

           Division 3 - Undertakings

   183H.   General manager may seek division 3 undertaking
   183I.   Undertaking about other matter
   183J.   Variation and withdrawal of division 3 undertaking
   183K.   Enforcement of division 3 undertaking
   183L.   Register of division 3 undertakings

   PART 14 - ORDERLY CONTROL OVER SHIPS

           Division 1 - General

   184.    Illegal boarding of or remaining alongside or hovering near a ship
   185.    Offence of failing to leave a ship
   186.    Unlawful interference with Queensland regulated ship
   186A.   Chief executive (fisheries) must disclose information

           Division 2 - Passenger carrying ships

   187.    Application of division
   188.    Exclusion of person from ship
   189.    Miscellaneous offences by passengers etc.
   190.    Obstruction of master or crew
   191.    Arrest by ship’s master

   PART 14A - GENERAL MANAGER’S POWERS OF DIRECTION

   191A.   Direction to master about operation of ship in relation to pilotage area
   191B.   Direction to person in charge of a place

   PART 15 - PROCEEDINGS

           Division 1 - General

   192.    Jurisdiction preserved
   193.    Jurisdiction for offences
   194.    Presumption of jurisdiction
   195.    Jurisdiction over ships lying or passing off the coast or in or near navigable waters
   196.    Offences are summary unless expressly indictable etc.
   197.    Proceedings for indictable offences
   198.    Limitation on who may summarily hear indictable offence proceedings
   199.    Limitation on time for starting summary proceedings
   199A.   Court may make orders about compensation and other matters
   199B.   Court may make orders about apologies and other matters
   200.    Special provision for service of documents
   200A.   Allegations of false or misleading statements or documents
   201.    Evidentiary provisions
   202.    Conduct of company directors, employees or agents

           Division 2 - Licence disqualifications, cancellations and suspensions

   202A.   Disqualifying person from holding licence and cancelling or suspending current licence
   202B.   Dealing with order under s 202A
   202C.   Licence cancelled when order made under s 202A

           Division 3 - Restricted licences

   202D.   Restricted licence for disqualified person
   202E.   Other limitations on ordering a restricted licence
   202F.   Consideration of order for restricted licence when making order disqualifying a person
   202G.   Application for, and grant of, restricted licence
   202H.   Duration of restricted licence
   202I.   Regulation-making power in relation to restricted licence
   202J.   Offence of operating ship other than under a restricted licence
   202K.   Variation of restrictions

           Division 4 - Removal of disqualification

   202L.   Application for removal of disqualification under div 2
   202M.   Court hearing an application

   PART 15A - PROTECTION FOR WHISTLEBLOWERS

   202N.   Definitions for pt 15A
   202O.   Application of pt 15A
   202P.   General limitation
   202Q.   Liability for conduct unaffected
   202R.   Reprisal and grounds for reprisal
   202S.   Damages entitlement or other remedy for reprisal
   202T.   False or misleading statements
   202U.   False or misleading documents

   PART 16 - REVIEW OF AND APPEALS AGAINST PARTICULAR DECISIONS

   203.    Definitions for pt 16
   203A.   Main purposes of pt 16
   203B.   Internal review of decisions
   203C.   External review of decisions
   203D.   Decisions that can not be appealed against etc.
   203E.   (Repealed)
   204.    Appeals in relation to disqualification under s 202A

   PART 17 - MISCELLANEOUS

   205.    False or misleading documents
   205A.   Inquiries about person’s suitability to conduct examinations or conduct training programs
   205AA.  Notice of change in police information about a person
   205AB.  Chief executive or general manager may enter into arrangement about giving and receiving information with commissioner of the police service
   205AC.  Confidentiality
   205B.   Electronic search to verify person is holder of licence
   206.    Signals of distress
   206A.   General manager’s power to fix speed limits for ships
   206AA.  Gold Coast Waterways Authority’s power to fix speed limits for ships
   206B.   Approval of forms

   PART 18 - REGULATIONS AND STANDARDS

           Division 1 - Regulations

   207.     Regulation-making power
   208.    Marine safety regulations—generally
   209.    Regulations about fees and charges
   210.    Penalties under regulations to be limited
   211.    Regulation may give effect to treaties, conventions or international agreements or documents
   212.    Regulations may give effect to agreements or documents about ships approved by Australian entity
   213.    Regulations about dangerous substances
   214.    Regulations about signals of distress
   215.    Pilotage fees, conservancy dues and related matters
   216.    Detention of ships for unpaid fees etc.
   217.    Regulations about aquatic events and activities
   218.    Other matters for regulations
   219.    General manager’s power to fix other matters by gazette notice

           Division 2 - Standards

   219A.   Standards
   219B.   Contents of standard
   219C.   Notice of proposal to prepare draft standard
   219D.   Preparation of draft standard
   219E.   Notice of draft standard
   219F.   Making of standard
   219G.   Interim standards
   219H.   Regulations prevail over standards
   219I.   Amendment of standards
   219J.   Application of Acts Interpretation Act 1954

   PART 19 - TRANSITIONAL PROVISIONS

           Division 1 - Provisions for Act No. 14 of 1994

   220.    References to former Act etc.
   221.    (Repealed)
   222.    (Repealed)
   223.    (Repealed)
   224.    (Repealed)
   224A.   (Repealed)

           Division 2 - Provisions for Maritime Safety Queensland Act 2002

   225.    Definitions for div 2
   226.    Transition of chief executive’s functions to general manager
   227.    Exemptions
   228.    Standards
   229.    Approvals
   230.    Appointments
   231.    Agreements
   232.    Fixing of speed limits for ships
   233.    Notices
   234.    Other things done by chief executive
   235.    Particular references to chief executive

           Division 3 - Provisions for Maritime and Other Legislation Amendment Act 2006

   236.    References in other legislation to words defined in s 4
   237.    Provisions relating to the power of harbour masters before the commencement to give directions
   238.    Reasonable excuse for not reporting marine incident
   239.    Direction or notice given by shipping inspector before the commencement
   240.    Property seized under s 175A before the commencement
   241.    Enforcement order or interim enforcement order only if offence committed after the commencement
   242.    Disqualification under s 202A only if offence committed after the commencement
   243.    Decisions made before the commencement
   244.    Existing licences to drive speedboats and other recreational ship master’s licences

           Division 4 - Provision for Transport Legislation Amendment Act 2008, part 6

   245.    Making orders under s 199B

           Division 5 - Provision for Gold Coast Waterways Authority Act 2012

   246.    Fixing of speed limits for ships for Gold Coast waters

           Division 6 - Provision for Holidays and Other Legislation Amendment Act 2015

   247.    Digital photos and digitised signatures

           Division 7 - Provisions for Transport Operations (Marine Safety) and Other Legislation Amendment Act 2016

              Subdivision 1 - Preliminary

   248.    Definitions for division

              Subdivision 2 - Provisions about registration of relevant ships

   249.    Purpose of subdivision
   250.    Existing registration
   251.    Existing applications for registration
   252.    Reviews of decisions about registration made before the commencement

              Subdivision 3 - Other transitional provisions

   253.    Existing certificate of compliance for Queensland regulated ship
   254.    Protection of persons continued
   255.    Existing investigations
   256.    (Repealed)
   257.    Commercial ship references

   PART 20 - (Repealed)
           SCHEDULE 1